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Third DUI

If you are facing a third DUI offense, The Law Offices of Bryan J. McCarthy, Melbourne DUI attorney represents clients throughout Brevard County area, including West Melbourne, Malabar, Melbourne, Titusville, Grant-Valkaria, Palm Bay, Indialantic, Palm Shores, Cocoa Beach, Rockledge, Melbourne Beach, Indian Harbor Beach, Melbourne Village, Cocoa, Cape Canaveral and Satellite Beach. Our attorney recognizes that, for third-time offenders being charged with another DUI, the potential punishing can be harsh and the experience can be more frightening.

Attorney for Third DUI in Melbourne

Our experienced Melbourne DUI attorney is devoted to striving to obtain the best possible outcome for your case. In some cases, our third-time DUI clients may never have to appear in court. At The Law Offices of Bryan J. McCarthy, we are prepared for anything that may occur during the process. Melbourne’s criminal defense attorney will challenge the prosecution aggressively on your behalf.

Under Florida’s DUI laws, you may be convicted of a DUI if:

  • Your blood alcohol content (BAC) is above .08%, although you may not necessarily appear to be impaired; or
  • Your BAC is below .08% (or can not be determined if you refused the chemical test of your breath, blood or urine) but the DUI officer concluded that your “normal faculties were impaired” due to the consumption of alcohol and/or any controlled substances.

Individuals arrested for DUI’s will be released only if they meet the State’s specific conditions for release. The DUI offender must no longer be under the influence and faculties must be back to normal conditions. Blood and breath alcohol content levels must be lower than 0.05 or a time span of eight hours from the time of the arrest must elapse.

Possible Penalties for Third-time DUI Convictions

  • Imprisonment:

For individuals convicted for the third time within 10 years of any prior conviction, there will be a mandatory imprisonment sentence for at least 30 days. The offender’s confinement must comprise a minimum of 48 consecutive hours. Confinement for no more than 12 months will be required for a third conviction occurring within 10 years.

  • Fines:

If your third DUI offense occurred more than 10 years from your second offense, total fines will amount from no less than $2,000 and no more than $5,000. If your blood/breath alcohol content level was higher than 0.15 or a minor was in the automobile, total fines will amount to no less than $4,000.

  • Immobilization:

Unless the family of the defendant has no other form of transportation, third-time DUI offender’s automobiles may be immobilized for 90 days, if the offense occurs within 10 years from your second offense. If the automobile is owned by the defendant and is used by the employees of the defendant or any business owned by the defendant, the court may dismiss the order of impoundment for the vehicle.

  • Driver’s License Revocation:

A third DUI conviction requires a 10-year minimum driver’s license revocation for third convictions of DUI charges within 10 years from the second offense. Third-time DUI offenders may be eligible for hardship reinstatement after two years.

  • Reinstatements:

Third-time DUI conviction within 10 years deems requirement to complete DUI School and stay in the DUI supervision program for the remainder of the revocation period. Offenders must not have consumed any alcoholic beverage or controlled substance or driven an automobile for 12 months prior to reinstatement. Mandatory ignition interlock device will be required on your automobile for two years. Failure to report for counseling or treatment will result in the termination of the hardship license.

The Law Offices of Bryan J. McCarthy | Brevard County 3rd DUI Arrest

If you are located in Brevard County, Volusia County, Seminole County, Osceola County, Indian River County or Orange County and you are in need of a DUI lawyer, let our impaired driving attorney represent you for your third DUI offense. The Law Offices of Bryan J. McCarthy, DUI attorney will evaluate the arresting law enforcement officer procedure and the results of any field sobriety and chemical tests.

Call an experienced criminal defense attorney to discuss your DUI charge in Brevard County. Our extensive background knowledge in dealing with the State of Florida DUI laws will be beneficial in our approach to clear your name and get you the lowest possible sentence. Provide us with the specific details of your situation in our online form or call today us today (321) 248-7742.